Further Updates on New Legislation Affecting the
Incarcerated
By Derek Gilna
As those of us involved in the
front lines of criminal justice reform are only too well aware, the wheels of
change move all too slowly to suit the incarcerated and their families Many of
the previously-introduced bills, such as Smarter Sentencing Act, Justice Safety
Valve Act, and other reform legislation faded into oblivion at the end of the
year (since they were not passed by the old 113th Congress), as the
new, 114th Congress took office. All of the above sentence-relief legislation
will have to be reintroduced and once again referred to the judiciary committee
before any substantive legislative action can take place and a bill sent to the
President’s desk. I’m not holding my
breath.
Congress appears to be preoccupied
with the economy, terrorism, treaty negotiations with Iran
Although there is widespread bipartisan
support for reform of firearms-enhanced laws and mandatory minimum sentences, with
all parties in apparent agreement that
the justice system is broken, we will probably still have to rely upon the U.S.
Sentencing Commission for constructive action over the short term.
There was, however a new bill (HR
71) introduced in the House on January
6, 2015 , titled the “Federal Prison Bureau Nonviolent Offender
Relief Act of 2015,” which does hold some promise. According to its sponsor, it would “direct the
Bureau of Prisons, pursuant to a good time policy, to release a prisoner who
has served one half or more of his or her term of imprisonment if that prisoner
1) has attained age 45; (2) has never been convicted of a crime of violence;
and (3) has not engaged in any violation, involving violent conduct of
institutional discipline.” This is not
unlike other previously introduced legislation that has not progressed to
passage. It has been referred to the
House Committee on the Judiciary.
In the meantime, those looking for
sentence relief will have to go about it the old-fashioned way, through the
courts, the clemency process, and BOP
programs like Compassionate Release. If
I can be of assistance to you in this or other related matters, I invite your
inquiry.
113 McHenry #173, Buffalo
Grove , IL 60089
